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Michigan Child Custody Survey Report

Michigan Child Custody Survey Report

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Published by DougDante
Responses to the 9 question Michigan Child Custody Survey and summary of findings.
Responses to the 9 question Michigan Child Custody Survey and summary of findings.

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Published by: DougDante on May 28, 2008
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06/16/2009

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Michigan Child Custody Survey Results

Michigan Child Custody Survey Report 05/28/08 Doug Dante DougDante1@yahoo.com

Page 1

Michigan Child Custody Survey Results Michigan Child Custody Survey Report Summary 32% of respondents did not, or believed that they did not, meet with a mediator (MCL 552.513) 42% of respondents meeting with a mediator who was an employee of the FOC felt that he or she also provided other domestic relations services (MCL 552.515) 78% of respondents who met with a mediator were not aware prior to the meeting that it was voluntary (MCL 552.515) 82% of respondents who met with a mediator felt that he or she did not act with "honesty, integrity, and impartiality" 85% of respondents who met with a mediator felt that he or she was not a neutral third party. (MCR 3.216) 89% of respondents who met with a mediator felt that he or she did not facilitate communication between parties to promote settlement (MCR 3.216) 4% of respondents reported that the recommended order was for substantially equal physical and legal custody for the mother and father 94% of respondents reported that referees either issued no report, issued a report that was substantially identical to that of the custody evaluator, or took other actions with the same effect. (MCL 552.507) 0% of respondents who requested de novo hearings reported that judges made a different conclusion on de novo review Many respondents reported irregularities when selecting “other”. See report.

Note: Answers of concern are marked in shades of red, answers of potential concern are marked in shades of gray, and answers that are not of concern are marked in shades of blue.

Page 2

Michigan Child Custody Survey Results

Was the mediator an contractor? If not, and if the mediator was an employee of the Friend of the Court, was the reason "if the service is not available from a private source, or if the court can demonstrate that providing the service within the friend of the court office is cost beneficial." If the latter, how did the court demonstrate cost effectiveness? (Friend of the Court Act Section 13, Paragraph 1)
I don't know whether the mediator was an employee of the Friend of the Court or not Our mediator was an employee of the Friend of the Court and I am not aware of why a contractor was not used We did not meet with a mediator Our mediator was an employee of the Friend of the Court, but mediation by contract is not cost effective in our area Our mediator was a contractor Our mediator was an employee of the Friend of the Court, but private mediation is not available in our area Sum

Responses

6 15 16 2 7 5 51

Wa s Med ia tor a Con tra ctor?

I don't know whether the media tor wa s a n employ ee of the Friend of the Court or not media tor wa s a n emOur ploy ee of the Friend of the Court a nd I a m not a wa re of why a contra ctor wa s not us ed W e did not meet with a media tor Our media tor wa s a n employ ee of the Friend of the Court, but media tion by contra ct is not cos t effectiv e in our a rea Our media tor wa s a contra ctor Our media tor wa s a n employ ee of the Friend of the Court, but priv a te media tion is not a v a ila ble in our a rea

Page 3

Michigan Child Custody Survey Results

If the mediator is an employee of the friend of the court, did you feel that the mediator did also "perform referee functions, investigation and recommendation functions, or enforcement functions as to any domestic relations matter involving that party"? (Friend of the Court Act Section 15)
No We did not meet with a mediator Yes Sum

Responses 19 18 14 51

Mediat or and Ot her?

No We did not meet with a mediator Yes

Page 4

Michigan Child Custody Survey Results

Did you feel before beginning mediation that you could voluntarily refuse mediation? (Friend of the Court Act Section 13, Paragraph 1)
No We did not meet with a mediator Yes Sum

Responses 25 18 8 51

Volunt arily Refuse Mediat ion?

No We did not m eet with a m ediator Yes

Page 5

Michigan Child Custody Survey Results

Did the mediator act with "honesty, integrity, and impartiality?"
No We did not meet with a mediator Yes Sum

Responses 27 18 6 51

Honest y, Int egrit y, and Impart ialit y?

No We did not meet with a mediator Yes

Page 6

Michigan Child Custody Survey Results

Did you feel that the mediator was "a neutral third party"? (Michigan Court Rule 3.216)
No We did not meet with a mediator Yes Sum

Responses 28 18 5 51

Neut ral Third Part y?

No We did not m eet with a m ediator Yes

Page 7

Michigan Child Custody Survey Results

Did you feel that the mediator "facilitate[d] communication between parties to promote settlement"? (Michigan Court Rule 3.216)
No We did not meet with a mediator Yes Sum

Responses 33 14 4 51

Promot e Communicat ion and Set t lement ?

No We did not m eet with a m ediator Yes

Page 8

Michigan Child Custody Survey Results

How did your custody evaluator (aka Family Counselor aka Conciliator) recommend custody be handled in your case?
no custody evaluator was involved the custody evaluator recommended sole physical and legal custody for the father the custody evaluator recommended sole physical and legal custody for the mother the custody evaluator recommended sole physical custody for the father, joint legal custody the custody evaluator recommended sole physical custody for the mother, joint legal custody the custody evaluator recommended substantially equal physical and legal custody for the mother and father the custody evaluator recommended physical custody by a third party the custody evaluator simply recommended our previously agreed upon custody arrangement other Sum

Responses 11 2 5 2 19 2 0 2 8 51

Custody Recommendat ion?
no custody evaluator was involved the custody evaluator recommended substantially equal physical and legal custody for the m other and father the custody evaluator recommended physical custody by a third party the custody evaluator sim ply recomm ended our previously agreed upon custody arrangem ent other

the custody evaluator recommended sole physical and legal custody for the father the custody evaluator recommended sole physical and legal custody for the m other the custody evaluator recommended sole physical custody for the father, joint legal custody the custody evaluator recommended sole physical custody for the mother, joint legal custody

Page 9

Michigan Child Custody Survey Results

How did your custody evaluator (aka Family Counselor aka Conciliator) recommend custody be handled in your case?
Other: Did not come up but she told me that if it does, she will recommend physical custody to the mom. foc conducted a conciliation hearing, mother physical joint legal i never had any knowledge period of any kind of arraingments until all was said and done joint legal and physical but father still limited visitation majority physical custody to mother recommended PAS counseling We did not have an evaluator" but the Dept. of Human Services recomended the children be "placed" with us

Page 10

Michigan Child Custody Survey Results

Did your referee "Make a written, signed report to the court containing a summary of testimony given, a statement of findings, and a recommended order; or make a statement of findings on the record and submit a recommended order." (MCL 522.507 Section 7 (2) (c)) ?
The referee made a report including a different custody recommendation than that recommended by the custody evaluator other The referee made no report Yes, and the report was substantially identical to the one generated by the custody evaluator Yes, the referee made an independent report Sum

Responses

1 13 29 6 2 51

Referee Report ?

T he referee m ade a report including a different custody recom mendation than that recommended by the custody evaluator other T he referee m ade no report Yes, and the report was substantially identical to the one generated by the custody evaluator Yes, the referee made an independent report

Page 11

Michigan Child Custody Survey Results

Did your referee "Make a written, signed report to the court containing a summary of testimony given, a statement of findings, and a recommended order; or make a statement of findings on the record and submit a recommended order." (MCL 522.507 Section 7 (2) (c)) ?
Other: i know nothing of a referee and there was never an investigation on anything other than income I'm not sure no other hearing other than that in Q.7 no referee not sure Referee made a report but lost/destroyed all the evidence testimony tapes referee was very partial toward mother and left out anything that made dad look good because Im just as good a parent really. she submitted a recommended order but no summary of testimony or a statement of findings the concilliators report went directly to the judge for the order. The referee made no report UNKNOWN unknown

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Michigan Child Custody Survey Results

Did you ask the judge for a de novo hearing? If so, how was the de novo review conducted and what was the outcome of that review review? (MCL 522.507 Section 7 (4)) ?
I made no request The judge conducted a de novo review and came to the same conclusion without holding a hearing The judge conducted a de novo review with a hearing and came to the same conclusion other The judge conducted a de novo review and came to a different conclusion without holding a hearing The judge conducted a de novo review with a hearing and came to the a different conclusion Sum

Responses 33 3 1 14 0 0 51

Page 13

Michigan Child Custody Survey Results

Judge's De Novo Hearing?

I m ade no request T he judge conducted a de novo review and came to the sam e conclusion without holding a hearing T he judge conducted a de novo review with a hearing and cam e to the same conclusion

other T he judge conducted a de novo review and came to a different conclusion without holding a hearing T he judge conducted a de novo review with a hearing and cam e to the a different conclusion

Page 14

Michigan Child Custody Survey Results

Did you ask the judge for a de novo hearing? If so, how was the de novo review conducted and what was the outcome of that review review? (MCL 522.507 Section 7 (4)) ?
Other: custody decided at trial i did not know of de novo and never heard of it even with a lawyer I didn't know I could I don't know what a de novo hearing is I made no request I requested but was not granted a denovo hearing from judge judge had hearing and NEVER made a ruling Judge held a half hearted review and left in the middle of the trial when we were presenting my case with still 3 more hours left to present the case as per his own trial schedule. Judge rubber stamped custody evaluators recommendation even though evidence pointed out that the evaluator was committing fraud by hiding information about children being beaten by the mother Judge terminated my parental rights so as to allow my ex-wife to move to Arizona. Made no request. I was clueless at the time and my attorney pressured me to settle. Not sure what this is. Original order was slightly modified. the judge called the next case The Judge frequently rubber stamped without consideration the foc recommendations throughout the case.

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